- Court: Oregon Court of Appeals
- Area(s) of Law: Workers Compensation
- Date Filed: 08-18-2021
- Case #: A172525
- Judge(s)/Court Below: Tookey, J., for the Court; Armstrong, P.J.; & Aoyagi, J.
- Full Text Opinion
SAIF corporation and Employer appealed a decision of the Worker’s Compensation Board that found Claimant was injured in the course of his employment and that the injury arose from his employment. Claimant fractured his hip and damaged his prosthetic by resting his weight on his leg while waiting to punch out from work. SAIF argued that Claimant’s leg movement while waiting in line to punch out was not required as part of his work. An injury is compensable under ORS 656.005(a) if it “arises out and in the course of the employment." “An injury ‘arises out of’ the employment if it arises from the nature of the claimant’s work or from a risk to which the work environment exposes the worker.” Fred Meyer, Inc., v. Hayes, 325 Or 592, 598 (1997). The Court held that the preexisting hip prosthetic was a contributing risk, but so was the need to wait in line for the computer at work and therefore the Court categorized this as a mixed risk. As such, because the injury was the result of a mixed risk, Claimant was entitled to relief as the injury arose from their employment. Affirmed.